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Clean Water Act (CWA)

Navigating Federalism: The Missing Statutory Analysis in Solid Waste Agency

For the last several years, federal circuit courts have debated the exact jurisdictional scope of §404 of the Clean Water Act (CWA), which authorizes the Secretary of the U.S. Army (the Army), acting through the U.S. Army Corps of...

Controlling Nonpoint Source Water Pollution: Is Help on the Way (From the Courts or EPA)?

Nearly three decades after enactment of the modern Clean Water Act (CWA), efforts to address the largest remaining source of water pollution—runoff and other types of aquatic ecosystem impairment from diffuse activities—remain elusive....

Sovereign Immunity and the National Nuclear Security Administration: A King That Can Do No Wrong?

The 1999 National Nuclear Security Administration Act (NNSA Act) threatens to reverse 20 years of reforms and court decisions intended to bring the U.S. Department of Energy (DOE) into compliance with environmental laws and regulations...

Laidlaw (Even Industry Gets the Blues)

adapted from Layla (by Eric Clapton and Jim Gordon)

What do we do when we get sued now

If the Supremes aren't on our side?

If we can't rely on standing constraints

Do they expect us to comply?

Environmental Litigation After Laidlaw

As law students frequently discover during exams, the law of standing is easy to state but hard to apply. The basic rules are simple and well-settled. Under Article III of the U.S. Constitution, in order to invoke federal jurisdiction,...

Standing in Environmental Citizen Suits: Laidlaw's Clarification of the Injury-in-Fact and Redressability Requirements

In its first week of business during the new millennium, the U.S. Supreme Court decided Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc., and provided important clarifications about the law of standing...

Standing and Mootness After Laidlaw

Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc. may prove to be the most important environmental decision since Chevron, U.S.A., Inc. v. Natural Resources Defense Council. Laidlaw's...

When Are Clean Water Act Citizen Suits Precluded by Government Enforcement Actions?

Since the enactment of the Clean Water Act (CWA or Act) 28 years ago, the federal courts have been called upon to sort out the respective roles of the federal and state governments in connection with numerous aspects of the statute's...

Encouraging Self-Auditing Within the Pork Industry: The Nationwide Clean Water Act Enforcement Agreement for Agriculture's First Industry-Wide Environmental Auditing Program

Editors' Summary: Late last year, EPA and the National Pork Producers Council (NPPC) announced that they had developed a compliance assurance program (CAP) under which U.S. pork producers can reduce their penalties for FWPCA...

Pfiesteria Piscicida: A Regional Symptom of a National Problem

Editors' Summary: Pfiesteria piscicida, a sometimes toxic microorganism, is responsible for the death of millions of fish in Delaware, Maryland, North Carolina, and Virginia. Although the problem of Pfiesteria-...